By Agwanda Saye

THE High court in Kisumu yesterday gave Muhoroni PDP parliamentary aspirant James Onyango K ‘Oyoo the nod to vie for the seat after dismissing a petition lodged by a voter seeking to stop his candidature.
The petition which was filed by a voter was seeking to stop K’Oyoo from contesting for the seat on grounds that he flouted IEBC rules by defecting to a party after the expiry of the party hopping Period.

Justice Hilary Chemitei dismissed the petition lodged by Mr. Peter Oyuko against Mr K’Oyoo who defected from ODM to PDP after being denied the ticket in his former party.

In his petition Oyuko contended that Mr K’Oyoo defected from ODM to PDP after the grace period which was given by the registrar of political parties.

The petitioner wanted Mr K’Oyoo’s name not to be included in the IEBC ballot papers for the forthcoming general elections.

He also wanted the court to declare that K’Oyoo is still a bona fide member of the ODM and therefore bar him from contesting the seat on a PDP ticket.

K’Oyoo’s lawyer Onyango Jamsumba argued that the court lacked jurisdiction to hear the petition and instead the petition should have exhaust all the dispute resolution mechanisms before moving to court.

In his ruling the judge observed that the ODM elections shad been shambolic and said that K’Oyoo has a right to participate in the general elections.

Justice Chemitei further found out that the petitioner’s right had not been infringed as he could not explain the right in question.

The petition the judge ruled had no locus standi in filing the petition before court.

The petitioner is a primary school teacher at Sanda primary school in Muhoroni and was represented by a Kisumu Mr Stephen Aluoch K’Opot.

Ends.